Disclaimer & Limitated Liability

YOU EXPRESSLY AGREE NOT TO SEEK TO RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, FROM ANY PROVIDER.


THE SERVICE IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING THE SERVICE. JUSERE AND ITS PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICE, ANY CONTENT AND ALL PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, INCLUDING THE AVAILABILITY OF THE SERVICE, ANY PRODUCTS, OR ANY CONTENT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT. JUSERE AND ITS PROVIDERS DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICE, ANY CONTENT OR PRODUCTS WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, ANY CONTENT OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND PRODUCTS PROVIDED OR AVAILABLE FOR PURCHASE THROUGH THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTY OF ANY KIND. JUSERE AND ITS PROVIDERS HEREBY DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, ALL CONTENT AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE "AS IS" CONDITION OF THE SERVICE, PRODUCTS AND ALL CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICE. Because some jurisdictions do not allow the disclaimer or limitation of implied warranties, the above limitations may not apply to you.


IN NO EVENT WILL JUSERE, ITS PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR DELAY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THESE TERMS, THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY PURCHASE MADE THROUGH THE SERVICE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN WHEN JUSERE OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.


IN NO EVENT WILL JUSERE'S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED THE FEES PAID FOR THE PRODUCT OR SERVICE FORMING THE BASIS OF THE CLAIM.

These limits apply to anything related to the Terms, the Service, any content (including code) on third party Web sites, and all claims for breach of contract (whether for the purchase of products or services or otherwise), breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limits also apply even if: 

1. Repair, replacement, or a refund for the Service does not fully compensate you for any damages; 

2. JUSERE or a Provider knew or should have known about the possibility of the damages.

 


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